Illinois General Assembly - Full Text of HB3161
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Full Text of HB3161  102nd General Assembly

HB3161eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3161 EngrossedLRB102 16114 LNS 21489 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Domestic Violence Fatality Review Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Case eligible for review" means the case based upon a
8qualifying relationship that the regional review teams can
9review under Section 70.
10    "Commission" means the Illinois Domestic Violence Fatality
11Review Commission.
12    "Confidential information" means:
13        (1) any oral, written, digital or electronic, original
14    or copied information, records, documents, photographs,
15    images, exhibits, or communications provided to, obtained
16    by, shared with, discussed by, created by, or maintained
17    by the Commission or by a regional review team with regard
18    to a case eligible for review to determine whether the
19    case should be reviewed or a review of an eligible case;
20        (2) any information that discloses the identities of
21    victims, survivors, deceased, or offenders, or their
22    family members, or any information by which their
23    identities can be determined by a reasonably diligent

 

 

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1    inquiry; and
2        (3) any discussions, deliberations, minutes, notes,
3    records, or opinions of the Commission members or members
4    of a regional review team with regard to a case eligible
5    for review to determine whether the case should be
6    reviewed or a review of an eligible case. Confidential
7    information does not mean nonidentifying or aggregate data
8    information or analysis of data, and recommendations for
9    community and systemic reform.
10    "Deceased" means anyone who died in connection with the
11actions of the offender, other than the victim, survivor, or
12offender.
13    "Domestic violence" means abuse as it is defined in
14Section 103 of the Illinois Domestic Violence Act of 1986 and
15paragraph (1) of subsection (b) of Section 112A-3 of the Code
16of Criminal Procedure of 1963.
17    "Domestic violence fatality review" means the deliberative
18process of multiagency and multidisciplinary teams that select
19eligible cases of domestic violence related fatalities and
20near-fatalities, and trace prior systemic interventions and
21involvement to:
22        (1) examine barriers to safety, justice,
23    self-determination, and equity;
24        (2) identify systemic and community gaps and consider
25    alternate and more effective systemic responses; and
26        (3) develop recommendations for greater coordinated

 

 

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1    and improved community and systemic response and
2    prevention initiatives to domestic violence in order to
3    reduce the occurrence, frequency, and severity of domestic
4    violence and prevent fatalities and near-fatalities.
5    "Familicide" means the killing of a family, including one
6or both parents and any children, by a family member.
7    "Fatality" means death caused by suicide or homicide.
8    "Near-fatality" means a death that nearly occurred by
9means of suicide or homicide, or an injury that could have
10resulted in death.
11    "Offender" means the person who inflicted domestic
12violence upon the victim and caused the victim's death, or the
13person who inflicted domestic violence upon a survivor.
14"Offender" includes a person who is deceased or alive, and is
15not required to have been the subject of a criminal
16investigation or prosecution.
17    "Regional domestic violence fatality review team" or
18"regional review team" means a multiagency and
19multidisciplinary team that selects and reviews eligible cases
20in accordance with Section 45.
21    "Survivor" means a person who experienced domestic
22violence and is alive.
23    "Victim" means the person who experienced domestic
24violence and is deceased, including by means of homicide or
25suicide.
 

 

 

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1    Section 10. Findings. The General Assembly finds and
2declares the following:
3    (a) Over 10,000,000 people in the United States experience
4physical domestic violence by a current or former partner each
5year.
6    (b) According to the Centers for Disease Control and
7Prevention of the United States Department of Health and Human
8Services, domestic violence accounts for 15% of all violent
9crime in the United States, and in this State, 42% of women and
1026% of men have been harmed by an intimate partner in their
11lifetime.
12    (c) According to the U.S. Department of Justice,
13nationwide approximately 1 in 4 women and nearly 1 in 7 men
14experience severe physical violence resulting from domestic
15violence by an intimate partner at some point in their
16lifetime.
17    (d) The Illinois Criminal Justice Information Authority
18found that while the actual number of domestic violence
19incidents are underreported, in this State over 100,000
20domestic violence offenses were reported to law enforcement
21each year between 2005 and 2017. Between 400,000 and nearly
22600,000 orders of protection were filed each year between 2005
23and 2017.
24    (e) From 2001 to 2018, State domestic violence agencies
25served nearly 800,000 adults and children, at an average of
2657,684 clients per year, according to the Illinois Criminal

 

 

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1Justice Information Authority.
2    (f) Domestic violence related homicides account for nearly
31 in 5 murders in the United States. According to the National
4Coalition Against Domestic Violence, female homicide victims
5are substantially more likely than male homicide victims to
6have been killed by an intimate partner. One in 3 female murder
7victims are killed by intimate partners. About 4% of male
8homicide victims were killed by an intimate partner.
9Nationwide, 72% of all homicide-suicides involved an intimate
10partner of which 94% of the murdered victims are women.
11    (g) The Illinois Criminal Justice Information Authority
12found that 15% of all homicides in this State are connected to
13domestic violence, such that at least 130 domestic violence
14related homicides occurred in this State during 2019. The
15Illinois Coalition Against Domestic Violence found that
16domestic violence fatalities occurred across at least 26
17counties and included at least 7 children between July 2019
18and June 2020.
19    (h) The Illinois Criminal Justice Information Authority
20found that the estimated impact of domestic violence homicides
21reported in this State during 2019 would total nearly $1.2
22billion.
23    (i) Nearly all familicides involve a history of domestic
24violence.
25    (j) Effective responses to domestic violence and domestic
26violence related fatalities involve governmental, social

 

 

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1services, and other systems in the community. A coordinated
2and consistent approach among community and system points of
3intervention are important to fostering the safety, stability,
4well-being and healing of survivors, and facilitating
5meaningful engagement with and sustainable accountability for
6offenders.
7    (k) Domestic violence transcends boundaries of race,
8religion, ethnicity, sexual orientation, gender identity,
9disability, culture, socioeconomic status, and geography.
10    (l) Domestic violence related fatalities and
11near-fatalities are experienced and responded to differently
12in historically marginalized communities. The communities and
13systems that victims, survivors, and offenders engage with in
14historically marginalized communities are typically those with
15power imbalances often rooted in systemic racism and
16oppression. Women of color, in particular, face additional
17barriers and gaps in accessing systemic and community
18responses aimed at reducing domestic violence related
19fatalities and near-fatalities.
20    (m) Over 200 domestic violence fatality review teams exist
21across the United States. Those teams are engaged in systems
22reform in order to improve the response to domestic violence
23and reduce and prevent domestic violence related fatalities
24and near-fatalities.
25    (n) Domestic violence related fatalities and
26near-fatalities can be prevented, and the use of regional

 

 

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1domestic violence fatality review teams under the leadership,
2guidance, and technical assistance of the Commission is an
3effort toward such prevention.
 
4    Section 15. Purposes. The purposes of this Act are:
5    (1) To create the Illinois Domestic Violence Fatality
6Review Commission within State government to support domestic
7violence fatality review in this State.
8    (2) To establish regional domestic violence fatality
9review teams that engage in domestic violence fatality review
10in this State in order to foster systemic reform that aims to:
11        (A) reduce domestic violence and domestic violence
12    related fatalities and near-fatalities in this State;
13        (B) address disparate and discriminatory practices and
14    attitudes in the systems that interact with victims,
15    survivors, and offenders; and
16        (C) reduce the cost on society of domestic violence
17    and domestic violence related fatalities and
18    near-fatalities by:
19            (i) reviewing selected cases eligible for review;
20            (ii) examining how systems have responded to
21        individual experiences;
22            (iii) identifying gaps and barriers to effective
23        and equitable responses that promote safety,
24        stability, well-being, healing, and accountability;
25        and

 

 

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1            (iv) recommending strategies to improve community
2        and systemic responses to domestic violence in order
3        to foster points of intervention and support that are
4        effective, coordinated, collaborative, consistent,
5        just, and equitable.
 
6    Section 20. Illinois Domestic Violence Fatality Review
7Commission. The Illinois Domestic Violence Fatality Review
8Commission is hereby created to provide guidance, leadership,
9technical assistance, research, and other supports to the
10regional domestic violence fatality review teams in carrying
11out their responsibilities under this Act, and to serve as a
12statewide resource for addressing domestic violence related
13fatalities and near-fatalities as well as other forms of abuse
14connected to domestic violence.
 
15    Section 25. Membership of the Commission.
16    (a) The Commission shall consist of the following voting
17members and nonvoting ex officio members. The voting
18membership shall have racial, ethnic, gender, and geographic
19diversity and include the following:
20        (1) Four members of the General Assembly as follows: 2
21    members of the Senate, one member appointed by the
22    President of the Senate and one member appointed by the
23    Senate Minority Leader; 2 members of the House of
24    Representatives, one member appointed by the Speaker of

 

 

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1    the House and one member appointed by the House Minority
2    Leader.
3        (2) One member of the Governor's policy leadership
4    team appointed by the Governor.
5        (3) Up to 20 public members appointed by the Governor,
6    including:
7            (A) Four members representing different regional
8        review teams established under this Act, or at-large
9        members in accordance with subparagraph (I) if 4
10        regional review teams have not yet been established at
11        the time of appointment.
12            (B) Two members representing statewide, regional,
13        or local organizations that advocate on behalf of
14        survivors of domestic violence.
15            (C) Two members who are domestic violence
16        survivors, one of whom may be a family member of a
17        victim of domestic violence-related fatality or
18        near-fatality.
19            (D) Four social services providers representing
20        different geographic areas of the State whose
21        significant purpose is to provide services to
22        survivors of domestic violence.
23            (E) Two social service providers who have
24        significant experience working with domestic violence
25        offenders.
26            (F) One physician licensed by the State whose

 

 

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1        State practice focuses on emergency medicine.
2            (G) One member of the Illinois Association of
3        Chiefs of Police recommended by the Association
4        Director or President.
5            (H) One member of the Illinois Sheriffs'
6        Association recommended by the Association Director or
7        President.
8            (I) Three at-large members who have substantial
9        expertise and experience in the response to or
10        prevention of domestic violence and domestic violence
11        related fatalities and near-fatalities, or a related
12        skill or expertise.
13    (b) The following, or a designee, shall serve as nonvoting
14ex officio members of the Commission: the Lieutenant Governor;
15the Secretary of Human Services; the Director of Public
16Health; the Attorney General; the Director of the Illinois
17State Police; the Director of Children and Family Services;
18the Director of the Illinois Criminal Justice Information
19Authority; the Director of the Office of the State's Attorney
20Appellate Prosecutor; and the Director of the Office of the
21State Appellate Defender.
 
22    Section 30. Commission terms of members; vacancies.
23    (a) Terms of the original voting members shall be
24staggered as follows: one-half shall be appointed for 2-year
25terms and one-half shall be appointed for 3-year terms. The

 

 

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1length of the initial terms of each original voting member
2shall be drawn by lot at the first meeting held by the
3Commission and shall be recorded as part of the minutes of the
4meeting. After the initial term, each term shall be for 3
5years. No member may serve more than 2 consecutive terms.
6Former members are eligible for reappointment after a waiting
7period of at least 12 months following their last date of
8service as a member of the Commission. Length of terms of
9co-chairs, the secretary, and other officers coincide with
10regional review team membership terms.
11    (b) Vacancies shall be filled in accordance with Section
1225. Appointments to fill vacancies occurring before the
13expiration of a term are for the remainder of the unexpired
14term. A member whose term has expired may serve until a
15successor is appointed and accepts the appointment.
 
16    Section 35. Commission quorum; meetings; compensation.
17    (a) A quorum shall consist of a majority of the voting
18members of the Commission.
19    (b) The first meeting of the Commission shall occur 60
20days after a quorum of the Commission is appointed, or no later
21than 180 days after the effective date of this Act regardless
22of whether a quorum of the Commission has been appointed. At
23the first meeting and at subsequent meetings when terms
24expire, the voting members shall elect 2 co-chairs and a
25secretary from among the voting members and may elect any

 

 

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1other officers and other officers the voting members deem
2necessary to carry out the duties and responsibilities of the
3Commission.
4    (c) The Commission shall meet at least quarterly each
5State Fiscal Year. Additional meetings may be called by the
6co-chairs, after at least 7 days prior notice to the
7Commission members, or upon a written request signed by at
8least 5 Commission members to the co-chairs for a meeting
9request. Meetings may be held by a virtual meeting format
10during a public health emergency or disaster proclamation
11declared by the Governor, or at the discretion of the
12co-chairs.
13    (d) The meetings of the Commission are subject to the Open
14Meetings Act, except the following shall occur in closed
15executive sessions not subject to the requirements of the Open
16Meetings Act:
17        (1) discussions about personnel matters, confidential
18    information as defined by Section 5, or cases eligible for
19    review under Section 70;
20        (2) conducting a domestic violence fatality review;
21    and
22        (3) any other matters that the Commission co-chairs
23    deem necessary or a majority of the Commission members
24    vote to discuss in a closed executive session in order to
25    advance the purposes of this Act.
26    (e) The members shall receive no compensation for their

 

 

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1service as members of the Commission, but may receive
2reimbursement for actual expenses incurred in the performance
3of their duties, subject to the availability of funds for that
4purpose.
 
5    Section 40. Duties and responsibilities of the Commission.
6    (a) The Commission shall carry out the following duties
7and responsibilities:
8        (1) Hire a full-time Executive Director to carry out
9    the duties and responsibilities of the Commission and the
10    purposes of this Act. The Executive Director may hire
11    additional staff, subject to the availability of funds for
12    that purpose and subject to the approval of the
13    Commission. The Commission and regional review teams can
14    operate without an acting Executive Director.
15        (2) Establish and maintain an Internet website.
16        (3) Prepare an annual budget that includes
17    compensation for the Executive Director and staff, and
18    financial reimbursement to regional review team members or
19    teams for actual expenses incurred in the performance of
20    their duties, subject to the availability of funds for
21    that purpose.
22        (4) Facilitate the establishment and implementation of
23    regional review teams and collaboratively develop regional
24    implementation plans and procedures.
25        (5) Provide training and ongoing technical assistance

 

 

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1    to regional review teams.
2        (6) Conduct, or assist in conducting, regional
3    domestic violence fatality reviews if requested by
4    regional review teams in specific cases.
5        (7) Develop model confidentiality agreement, policies,
6    and procedures for the use of regional review teams.
7        (8) Develop guidelines for the annual and biennial
8    reports of the Commission and the regional review teams
9    pursuant to this Section and Section 65.
10        (9) Appoint the initial members of each regional
11    review team in accordance with Section 50 or designate a
12    founding member of a regional review team to form the
13    remainder of the regional review team in accordance with
14    Section 50, unless the regional review team has been
15    formed prior to the effective date of this Act or elects to
16    form without the involvement of the Commission.
17        (10) Create a process whereby the Commission shall
18    annually officially recognize regional review teams that
19    are formed and operated in substantial compliance with the
20    requirements of this Act, and nonrecognize those regional
21    review teams that are substantially out of compliance
22    after reasonable efforts are made by the Commission to
23    engage the regional review team's co-chairs and other
24    regional stakeholders to facilitate corrective actions to
25    bring the regional review team into substantial
26    compliance. A nonrecognized regional review team no longer

 

 

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1    has the authority to operate under this Act, however,
2    nonrecognition would not preclude the formation of a new
3    regional review team for the affected region.
4        (11) Review, analyze, maintain, and securely store
5    regional review team reports and recommendations submitted
6    by each regional review team as required by Section 65.
7        (12) File an annual report with the Governor and the
8    General Assembly on the operations and activities of the
9    Commission and of the regional review teams. The first
10    report shall be due no later than March 1, 2023, and each
11    subsequent report shall be due no later than March 1 of
12    each year thereafter. The annual report shall be made
13    publicly available on the Commission's Internet website.
14        (13) In even numbered years, file a substantive
15    biennial report reviewing and analyzing the data and
16    recommendations collected from the reports of the regional
17    review teams. The biennial report shall include specific
18    recommendations for legislative, systemic, policy, and any
19    other changes to reduce domestic violence and domestic
20    violence related fatalities and near-fatalities. The first
21    report shall be due no later than April 1, 2024, and each
22    subsequent report shall be due no later than April 1 of
23    each even year thereafter. The biennial report shall be
24    made publicly available on the Commission's Internet
25    website.
26    (b) The Commission may carry out the following duties and

 

 

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1responsibilities:
2        (1) After a vote by the majority of the voting
3    Commission members or a decision by the co-chairs,
4    establish one or more subcommittees or task forces to
5    address specific issues regarding domestic violence,
6    domestic violence fatalities and near-fatalities, domestic
7    violence fatality review, or other related issues or
8    subject matters, and may invite nonmembers with expertise
9    on the issue or subject matter to serve on the
10    subcommittee or task force. Each subcommittee or task
11    force shall be chaired by a member of the Commission.
12        (2) Advise the Governor and General Assembly on
13    domestic violence, domestic violence fatalities and
14    near-fatalities, domestic violence fatality review, data,
15    and related topics or policies.
16        (3) Engage nonmember stakeholders in reviewing
17    selected recommendations from the regional review teams in
18    accordance with notions of fairness, equity, justice, due
19    process, and practicality.
20        (4) Analyze data and identify trends related to
21    domestic violence and domestic violence related fatalities
22    and near-fatalities, and develop mechanisms for
23    collecting, analyzing, and storing data that it collects
24    or that is provided by the regional review teams.
25        (5) Adopt administrative rules in order to implement
26    this Act.

 

 

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1        (6) Subject to the availability of funding and
2    approval by a vote of the majority of the Commission
3    members, engage with and enter into contracts with a
4    higher education institution or research entity for
5    research, analysis, training, and educational purposes in
6    furtherance of the purposes of this Act. Commission
7    members or Commission staff shall not share information
8    with contractors that would disclose the identities of
9    victims, survivors, deceased, offenders, and their family
10    members or by which their identities can be determined by
11    a reasonably diligent inquiry.
12        (7) Support the implementation of systemic and
13    community reform recommendations in order to advance the
14    purposes of this Act.
15        (8) Engage in any other activities that enable the
16    Commission, its staff, and the regional review teams to
17    carry out the purposes of this Act.
 
18    Section 45. Regional domestic violence fatality review
19teams. A regional domestic violence fatality review team may
20be established within the boundaries of each judicial circuit.
21Once a review team is established within the boundaries of the
22judicial circuit, the team may establish one or more subteams
23to efficiently and effectively carry out the responsibilities
24of the regional review team and conduct domestic violence
25fatality review.
 

 

 

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1    Section 50. Membership of regional domestic violence
2fatality review teams. Each regional review team shall, at a
3minimum, include the following members from within the
4boundaries of the judicial circuit:
5    (1) a State's Attorney or Assistant State's Attorney;
6    (2) a public defender or other criminal defense lawyer;
7    (3) a coroner or medical examiner;
8    (4) a Sheriff, Deputy Sheriff, Chief of Police, or other
9law enforcement officer with experience in domestic violence
10cases;
11    (5) a social services provider whose significant role is
12to provide services to survivors of domestic violence;
13    (6) a social services provider who has significant
14experience working with domestic violence offenders, if
15available in the region;
16    (7) a civil legal services lawyer or pro bono lawyer
17connected with a civil legal services program; and
18    (8) at least 2 of the following members: a public health
19official; a physician licensed by the State who specializes in
20emergency medicine; an advanced practice registered nurse; a
21licensed mental health professional such as a psychiatrist,
22clinical psychologist, licensed clinical professional
23counselor, or licensed clinical social worker; a circuit judge
24or associate judge; a clerk of the circuit court or other
25elected or appointed court official; an administrative law

 

 

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1judge; an emergency medical technician, paramedic, or other
2first responder; a local or regional elected official or State
3legislator; a representative from the private business sector;
4a member of the clergy or other representative of the faith
5community; a public housing authority administrator or
6manager; an alcohol and substance abuse treatment
7professional; a probation or parole officer; a child welfare
8administrator, caseworker, or investigator; a public school
9administrator, teacher, or school support staff person
10licensed and endorsed by the Illinois State Board of
11Education; a representative of a State university or community
12college; a social science researcher or data analyst; a
13survivor or a family member or friend of a survivor or victim;
14a supervised child visitation or child exchange staff person;
15or a member of the public at-large who has the education,
16training, or experience to carry out the purposes of the
17regional review team.
 
18    Section 55. Terms of regional review team members;
19vacancies.
20    (a) Terms of the original regional team members shall be
21staggered as follows: one-half of the initial members of the
22review team shall serve 2-year terms, and one-half of the
23initial members shall serve 3-year terms. The initial terms
24shall be drawn by lot at the first meeting of the review team.
25Following the initial terms, each member of the review team

 

 

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1shall serve 3-year terms. No member shall serve more than 2
2consecutive terms. Length of terms of co-chairs, the
3secretary, and other officers coincide with regional review
4team membership terms.
5    (b) Vacancies shall be filled by individuals who meet the
6requirements of Section 50 either by an application process or
7upon the recommendation of a member of the review team, and
8approved by a vote of the majority of the regional review team
9members. Vacancies occurring during a term shall be filled to
10complete the current term. Members whose terms have expired
11may continue to serve until a new member is appointed. Former
12members are eligible for reappointment after the expiration of
13at least 12 months following their last date of service.
 
14    Section 60. Regional review team quorum; meetings;
15compensation.
16    (a) All members of the regional review team are voting
17members. A majority of the members of the regional review team
18shall constitute a quorum.
19    (b) At the first meeting and at subsequent meetings when
20terms expire, the regional review team shall elect 2 co-chairs
21and a secretary and may elect any other officers the voting
22members deem necessary to carry out the duties and
23responsibilities of the Commission.
24    (c) Each regional review team shall meet at least
25quarterly on a date and at a time and location determined by

 

 

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1the co-chairs. Additional meetings may be convened by the
2co-chairs upon at least 7 days prior written notice to the
3regional review team members, or upon the written request by
4at least 5 regional review team members to the co-chairs.
5Meetings may be held by virtual meeting format during a public
6health emergency or disaster proclamation declared by the
7Governor, or at the discretion of the co-chairs.
8    (d) Members of regional review teams are not entitled to
9compensation, but may receive reimbursement for actual
10expenses incurred in the performance of their duties, subject
11to the availability of State or local funds for such purposes.
 
12    Section 65. Duties and responsibilities of the regional
13domestic violence fatality review team.
14    (a) Each regional review team shall carry out the
15following duties and responsibilities:
16        (1) Form a regional review team in accordance with
17    Sections 50 and 55.
18        (2) Report the names, professional titles, if
19    applicable, and business contact information of each
20    review team member to the Commission and inform the
21    Commission in a timely manner of any changes to the
22    membership of the regional review team.
23        (3) Create a secure system of maintaining and storing
24    minutes, correspondence, and confidential information
25    related to the regional review team and the domestic

 

 

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1    violence fatality reviews.
2        (4) Ensure that each member of the regional review
3    team participates in trainings and technical assistance
4    provided by the Commission and other professionals.
5        (5) Meet at least quarterly and maintain minutes of
6    the business conducted by the regional review team at each
7    meeting.
8        (6) Establish priorities for reviewing eligible cases
9    that consider, in part, demographic and case type
10    diversity.
11        (7) Based upon information available from a variety of
12    sources, consider cases eligible for review in accordance
13    with Section 70.
14        (8) Vote by a majority of the regional review team
15    members to review a specific case based upon various
16    factors, including the priorities by the regional review
17    team.
18        (9) Invite and coordinate with the specific people
19    designated in Section 50 who were involved in the selected
20    domestic violence-related fatality or near-fatality to
21    participate in the domestic violence fatality review.
22    Members of the regional review team may also participate
23    directly in the domestic violence fatality review.
24        (10) Execute a confidentiality agreement with each
25    member of the regional review team and participant of a
26    domestic violence fatality review in accordance with

 

 

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1    Section 75.
2        (11) Conduct a domestic violence fatality review of at
3    least 2 eligible cases per calendar year, or, if the
4    regional review team is unable to complete at least 2
5    reviews in a given year, provide an explanation to the
6    Commission in the regional review team's annual report
7    pursuant to paragraph (12).
8        (12) Prepare and submit an annual report to the
9    Commission on the operations and activities of the
10    regional review team in accordance with guidelines
11    established by the Commission. The initial report shall be
12    due on March 1 following the formation of the regional
13    review team and subsequent reports shall be submitted no
14    later than March 1 of each year thereafter.
15        (13) On odd numbered years, prepare and submit to the
16    Commission a biennial report based upon the domestic
17    violence fatality reviews of the corresponding time
18    period. The biennial report shall include specific
19    recommendations for legislative, systemic, policy, and any
20    other changes to reduce domestic violence and domestic
21    violence related fatalities and near-fatalities. These
22    recommendations will be reviewed by the Commission
23    according to Section 40 and will, in part, inform the
24    Commission's biennial report on even years. Any
25    information that identifies the victims, survivors,
26    deceased, or offenders, or their family members or any

 

 

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1    information by which their identities can be determined by
2    a reasonably diligent inquiry shall not be disclosed in
3    any domestic violence fatality review biennial report or
4    by any other means. Any narrative of nonidentifying facts
5    will be limited to those essential and indispensable to
6    the explanation of data analysis or a recommendation for
7    reform. Aggregate and nonidentifying data, including
8    demographics, may be included in the biennial report. The
9    first biennial report shall be due no later than April 1,
10    2023, and each subsequent report shall be due no later
11    than April 1 of each odd year thereafter.
12    (b) Each regional review team may carry out the following
13duties and responsibilities:
14        (1) Collect and analyze data from its regional area
15    regarding cases eligible for review that were and were not
16    reviewed by the regional review team for purposes of
17    identifying patterns and making recommendations for
18    community and systemic reforms.
19        (2) Subject to the availability of funding and
20    approval by a vote of the majority of the regional review
21    team members, engage with and enter into contracts with a
22    higher education institution or research entity for
23    research, analysis, training, and educational purposes in
24    furtherance of the purposes of this Act. Regional review
25    team members shall not share information with contractors
26    that would disclose the identities of victims, survivors,

 

 

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1    deceased, offenders, and their family members or by which
2    their identities can be determined by a reasonably
3    diligent inquiry.
4        (3) Seek funds to support the operations of the
5    regional review team and the facilitation of domestic
6    violence fatality reviews.
7        (4) Support the implementation of systemic and
8    community reform recommendations in order to advance the
9    purposes of this Act.
10        (5) Engage in any other activities that enable the
11    regional review team to carry out the purposes of this
12    Act.
 
13    Section 70. Case eligible for review by regional review
14team. A case eligible for review shall include a fatality or
15near-fatality that occurred within the geographic boundaries
16of the judicial circuit covered by the regional review team
17and a qualifying relationship.
18    (a) A fatality or near-fatality includes at least one of
19the following:
20        (1) a homicide, as defined in Article 9 of the
21    Criminal Code of 2012 in which:
22            (A) the offender causes the death of the victim,
23        the deceased, or others; or
24            (B) the survivor causes the death of the offender,
25        the deceased, or others;

 

 

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1        (2) a suicide or attempt suicide of the offender;
2        (3) a suicide of the victim;
3        (4) a suicide attempt of the survivor;
4        (5) a familicide in which the offender causes the
5    death of the victim and other members of the victim's
6    family including, but not limited to, minor or adult
7    children and parents;
8        (6) the near-fatality of a survivor caused by the
9    offender;
10        (7) the near-fatality of an offender caused by the
11    survivor; or
12        (8) any other case involving domestic violence if a
13    majority of the regional review team vote that a review of
14    the case will advance the purposes of this Act.
15    (b) A qualifying relationship between the offender and the
16victim or survivor shall include instances or a history of
17domestic violence perpetrated by the offender against the
18victim or survivor and at least one of the following
19circumstances:
20        (1) the offender and the victim or survivor:
21            (A) resided together or shared a common dwelling
22        at any time;
23            (B) have or are alleged to have a child in common;
24        or
25            (C) are or were engaged, married, divorced,
26        separated, or had a dating or romantic relationship,

 

 

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1        regardless of whether they had sexual relations;
2        (2) the offender stalked the victim or survivor as
3    described in Section 12-7.3 of the Criminal Code of 2012;
4        (3) the victim or survivor filed for an order of
5    protection against the offender under the Illinois
6    Domestic Violence Act of 1986 or Section 112A-2.5 of the
7    Code of Criminal Procedure of 1963;
8        (4) the victim or survivor filed for a civil no
9    contact order against the offender under the Civil No
10    Contact Order Act or Section 112A-14.5 of the Code of
11    Criminal Procedure of 1963;
12        (5) the victim or survivor filed for a stalking no
13    contact order against the offender under the Stalking No
14    Contact Order Act or Section 112A-2.5 of the Code of
15    Criminal Procedure of 1963;
16        (6) the offender violated an order of protection,
17    civil no contact order, or stalking no contact order
18    obtained by the victim or survivor;
19        (7) the deceased resided in the same household as, was
20    present at the workplace of, was in the proximity of, or
21    was related by blood or affinity to a victim or survivor;
22        (8) the deceased was a law enforcement officer,
23    emergency medical technician, or other responder to a
24    domestic violence incident between the offender and the
25    victim or survivor; or
26        (9) a relationship between the offender and the

 

 

HB3161 Engrossed- 28 -LRB102 16114 LNS 21489 b

1    victim, survivor, or deceased exists that a majority of
2    the regional review team votes warrants review of the case
3    to advance the purposes of this Act.
4    (c) A case eligible review does not require criminal
5charges or a conviction.
6    (d) Any criminal investigation, civil, criminal, or
7administrative proceeding, and appeals shall be complete for a
8case to be eligible for review.
 
9    Section 75. Confidentiality of regional review teams,
10information, and domestic violence fatality reviews.
11    (a) Meetings in which regional review teams are engaged in
12any activity related to domestic violence fatality review or
13in which confidential information is shared or disclosed are
14closed to the public and not subject to Section 2 of the Open
15Meetings Act.
16    (b) Unless otherwise available and lawfully obtained
17through another source pursuant to an applicable law that
18allows the disclosure and release of the information,
19confidential information is not:
20        (1) subject to the Freedom of Information Act;
21        (2) subject to subpoena and discovery under Section
22    2-402 of the Code of Civil Procedure, Article 115 of the
23    Code of Criminal Procedure of 1963, or Illinois Supreme
24    Court Rule 412,; and
25        (3) admissible as evidence in any civil or criminal

 

 

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1    proceeding.
2    (c) Confidential information shall not be disclosed,
3released or shared except as follows:
4        (1) among Commission members or Commission staff
5    pursuant to the review of an eligible case;
6        (2) among regional review team members to determine
7    whether a case is eligible for review or whether an
8    eligible case should be reviewed;
9        (3) among regional review team members and
10    participants during a domestic violence fatality review;
11    or
12        (4) a regional review team votes to share confidential
13    information for solely educational or research purposes,
14    consistent with State or federal law, as long as the
15    information disclosed does not include the identities of
16    victims, survivors, deceased, or offenders, or their
17    family members or any information by which their
18    identities can be determined by a reasonably diligent
19    inquiry.
20    (d) All Commission members, Commission subcommittee
21members, Commission staff, all members of each regional review
22team, and any other person who participates in any manner in a
23review of an eligible case by a regional review team shall
24execute a confidentiality agreement based upon a model
25confidentiality agreement developed by the Commission or a
26document substantially similar to the Commission's model

 

 

HB3161 Engrossed- 30 -LRB102 16114 LNS 21489 b

1document that acknowledges and agrees to comply with the
2responsibility not to disclose or release confidential
3information. All executed confidentiality agreements shall be
4maintained by the Commission and by each regional review team
5respectively.
6    (e) Members and staff of the Commission, members of a
7regional review team or participants of a domestic violence
8fatality review cannot be subject to examination or compelled
9to disclose or release confidential information in any
10administrative, civil or criminal proceeding, except for
11information that is otherwise available and lawfully obtained
12through another source pursuant to an applicable law that
13allows the disclosure and release of the information.
 
14    Section 80. Access to records and information.
15    (a) Upon the oral or written request by a regional review
16team, records and oral or written information relevant to the
17purposes of domestic violence fatality review and to the
18responsibilities of the regional review team shall be provided
19free of charge by the following: State and local governmental
20agencies and officials; medical and dental providers; domestic
21violence offender and partner abuse intervention service
22providers; child care providers; and employers. Examples of
23records and oral or written information that may be requested
24include, but are not limited to: guardian ad litem reports;
25parenting evaluations; victim impact statements; mental health

 

 

HB3161 Engrossed- 31 -LRB102 16114 LNS 21489 b

1evaluations submitted to a court; probation information,
2presentence interviews, and reports; recommendations made
3regarding bail and release on own recognizance; child welfare
4reports and information; Child Advocacy Center reports and
5information; law enforcement incident reports, dispatch
6records, statements of victims, witnesses and suspects,
7supplemental reports, and probable cause statements; 9-1-1
8call-taker's reports; correction and post-sentence probation
9or supervision reports; medical, hospital, and dental
10treatment records; school records and information; child care
11records and information; and employer records and information.
12The records and oral or written information may be provided
13for purposes of domestic violence fatality review without
14authorization of the person or persons to whom the records and
15oral or written information relate.
16    (b) The records and oral or written information described
17in this Section provided to a regional review team or in a
18domestic violence fatality review become confidential
19information as defined in this Act. The Commission, regional
20review teams, and any other participant in a domestic violence
21fatality review shall maintain the confidentiality and shall
22not disclose or release the confidential information received,
23shared, or obtained.
24    (c) Nothing in this Act shall:
25        (1) limit public access to records or information that
26    are lawfully available; or

 

 

HB3161 Engrossed- 32 -LRB102 16114 LNS 21489 b

1        (2) change the confidentiality and privilege of
2    communications under the Illinois Domestic Violence Act of
3    1986, Section 8-802.1 of the Code of Civil Procedure, the
4    Mental Health and Developmental Disabilities Code, 42 CFR
5    2.15, Section 40002(b)(2) of the Violence Against Women
6    Act of 1994 (34 U.S.C. 12291(b)(2)), 45 CFR 1370.4, and 28
7    CFR 94.115.
8    (d) The Commission or a regional review team may request
9and obtain information and records from outside the State by
10any available legal means.
 
11    Section 85. Storage and destruction of confidential
12information.
13    (a) Following a domestic violence fatality review,
14participants who brought or provided confidential information
15may return to their possession the confidential information,
16shall not disclose or share the confidential information
17unless otherwise allowed by State or federal law or not
18otherwise privileged, and may destroy the confidential
19information unless otherwise prohibited by State or federal
20law.
21    (b) Following a domestic violence fatality review, the
22co-chairs of the regional review team will store at the place
23of their employment or virtually on their confidential
24electronic database or other technology any remaining
25confidential information and will maintain the confidentiality

 

 

HB3161 Engrossed- 33 -LRB102 16114 LNS 21489 b

1of the information. One year following the submission of the
2regional review team's biennial report pursuant to Section 65,
3the co-chair or a designee shall destroy the confidential
4information.
 
5    Section 90. Penalty for unlawful disclosure of
6confidential information. Anyone who discloses, receives,
7makes use of, or knowingly permits the use of any confidential
8information in violation of this Act commits a Class A
9misdemeanor.
 
10    Section 95. Immunity. If acting in good faith, without
11malice, and within the protocols established by the Commission
12and the regional review team, members of the Commission and
13regional review team, and anyone participating in a domestic
14violence fatality review shall have immunity from
15administrative, civil, or criminal liability for an act or
16omission related to the participation in a domestic violence
17fatality review, notwithstanding Section 90.
 
18    Section 900. The Open Meetings Act is amended by changing
19Section 2 as follows:
 
20    (5 ILCS 120/2)  (from Ch. 102, par. 42)
21    Sec. 2. Open meetings.
22    (a) Openness required. All meetings of public bodies shall

 

 

HB3161 Engrossed- 34 -LRB102 16114 LNS 21489 b

1be open to the public unless excepted in subsection (c) and
2closed in accordance with Section 2a.
3    (b) Construction of exceptions. The exceptions contained
4in subsection (c) are in derogation of the requirement that
5public bodies meet in the open, and therefore, the exceptions
6are to be strictly construed, extending only to subjects
7clearly within their scope. The exceptions authorize but do
8not require the holding of a closed meeting to discuss a
9subject included within an enumerated exception.
10    (c) Exceptions. A public body may hold closed meetings to
11consider the following subjects:
12        (1) The appointment, employment, compensation,
13    discipline, performance, or dismissal of specific
14    employees, specific individuals who serve as independent
15    contractors in a park, recreational, or educational
16    setting, or specific volunteers of the public body or
17    legal counsel for the public body, including hearing
18    testimony on a complaint lodged against an employee, a
19    specific individual who serves as an independent
20    contractor in a park, recreational, or educational
21    setting, or a volunteer of the public body or against
22    legal counsel for the public body to determine its
23    validity. However, a meeting to consider an increase in
24    compensation to a specific employee of a public body that
25    is subject to the Local Government Wage Increase
26    Transparency Act may not be closed and shall be open to the

 

 

HB3161 Engrossed- 35 -LRB102 16114 LNS 21489 b

1    public and posted and held in accordance with this Act.
2        (2) Collective negotiating matters between the public
3    body and its employees or their representatives, or
4    deliberations concerning salary schedules for one or more
5    classes of employees.
6        (3) The selection of a person to fill a public office,
7    as defined in this Act, including a vacancy in a public
8    office, when the public body is given power to appoint
9    under law or ordinance, or the discipline, performance or
10    removal of the occupant of a public office, when the
11    public body is given power to remove the occupant under
12    law or ordinance.
13        (4) Evidence or testimony presented in open hearing,
14    or in closed hearing where specifically authorized by law,
15    to a quasi-adjudicative body, as defined in this Act,
16    provided that the body prepares and makes available for
17    public inspection a written decision setting forth its
18    determinative reasoning.
19        (5) The purchase or lease of real property for the use
20    of the public body, including meetings held for the
21    purpose of discussing whether a particular parcel should
22    be acquired.
23        (6) The setting of a price for sale or lease of
24    property owned by the public body.
25        (7) The sale or purchase of securities, investments,
26    or investment contracts. This exception shall not apply to

 

 

HB3161 Engrossed- 36 -LRB102 16114 LNS 21489 b

1    the investment of assets or income of funds deposited into
2    the Illinois Prepaid Tuition Trust Fund.
3        (8) Security procedures, school building safety and
4    security, and the use of personnel and equipment to
5    respond to an actual, a threatened, or a reasonably
6    potential danger to the safety of employees, students,
7    staff, the public, or public property.
8        (9) Student disciplinary cases.
9        (10) The placement of individual students in special
10    education programs and other matters relating to
11    individual students.
12        (11) Litigation, when an action against, affecting or
13    on behalf of the particular public body has been filed and
14    is pending before a court or administrative tribunal, or
15    when the public body finds that an action is probable or
16    imminent, in which case the basis for the finding shall be
17    recorded and entered into the minutes of the closed
18    meeting.
19        (12) The establishment of reserves or settlement of
20    claims as provided in the Local Governmental and
21    Governmental Employees Tort Immunity Act, if otherwise the
22    disposition of a claim or potential claim might be
23    prejudiced, or the review or discussion of claims, loss or
24    risk management information, records, data, advice or
25    communications from or with respect to any insurer of the
26    public body or any intergovernmental risk management

 

 

HB3161 Engrossed- 37 -LRB102 16114 LNS 21489 b

1    association or self insurance pool of which the public
2    body is a member.
3        (13) Conciliation of complaints of discrimination in
4    the sale or rental of housing, when closed meetings are
5    authorized by the law or ordinance prescribing fair
6    housing practices and creating a commission or
7    administrative agency for their enforcement.
8        (14) Informant sources, the hiring or assignment of
9    undercover personnel or equipment, or ongoing, prior or
10    future criminal investigations, when discussed by a public
11    body with criminal investigatory responsibilities.
12        (15) Professional ethics or performance when
13    considered by an advisory body appointed to advise a
14    licensing or regulatory agency on matters germane to the
15    advisory body's field of competence.
16        (16) Self evaluation, practices and procedures or
17    professional ethics, when meeting with a representative of
18    a statewide association of which the public body is a
19    member.
20        (17) The recruitment, credentialing, discipline or
21    formal peer review of physicians or other health care
22    professionals, or for the discussion of matters protected
23    under the federal Patient Safety and Quality Improvement
24    Act of 2005, and the regulations promulgated thereunder,
25    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
26    Health Insurance Portability and Accountability Act of

 

 

HB3161 Engrossed- 38 -LRB102 16114 LNS 21489 b

1    1996, and the regulations promulgated thereunder,
2    including 45 C.F.R. Parts 160, 162, and 164, by a
3    hospital, or other institution providing medical care,
4    that is operated by the public body.
5        (18) Deliberations for decisions of the Prisoner
6    Review Board.
7        (19) Review or discussion of applications received
8    under the Experimental Organ Transplantation Procedures
9    Act.
10        (20) The classification and discussion of matters
11    classified as confidential or continued confidential by
12    the State Government Suggestion Award Board.
13        (21) Discussion of minutes of meetings lawfully closed
14    under this Act, whether for purposes of approval by the
15    body of the minutes or semi-annual review of the minutes
16    as mandated by Section 2.06.
17        (22) Deliberations for decisions of the State
18    Emergency Medical Services Disciplinary Review Board.
19        (23) The operation by a municipality of a municipal
20    utility or the operation of a municipal power agency or
21    municipal natural gas agency when the discussion involves
22    (i) contracts relating to the purchase, sale, or delivery
23    of electricity or natural gas or (ii) the results or
24    conclusions of load forecast studies.
25        (24) Meetings of a residential health care facility
26    resident sexual assault and death review team or the

 

 

HB3161 Engrossed- 39 -LRB102 16114 LNS 21489 b

1    Executive Council under the Abuse Prevention Review Team
2    Act.
3        (25) Meetings of an independent team of experts under
4    Brian's Law.
5        (26) Meetings of a mortality review team appointed
6    under the Department of Juvenile Justice Mortality Review
7    Team Act.
8        (27) (Blank).
9        (28) Correspondence and records (i) that may not be
10    disclosed under Section 11-9 of the Illinois Public Aid
11    Code or (ii) that pertain to appeals under Section 11-8 of
12    the Illinois Public Aid Code.
13        (29) Meetings between internal or external auditors
14    and governmental audit committees, finance committees, and
15    their equivalents, when the discussion involves internal
16    control weaknesses, identification of potential fraud risk
17    areas, known or suspected frauds, and fraud interviews
18    conducted in accordance with generally accepted auditing
19    standards of the United States of America.
20        (30) Those meetings or portions of meetings of a
21    fatality review team or the Illinois Fatality Review Team
22    Advisory Council during which a review of the death of an
23    eligible adult in which abuse or neglect is suspected,
24    alleged, or substantiated is conducted pursuant to Section
25    15 of the Adult Protective Services Act.
26        (31) Meetings and deliberations for decisions of the

 

 

HB3161 Engrossed- 40 -LRB102 16114 LNS 21489 b

1    Concealed Carry Licensing Review Board under the Firearm
2    Concealed Carry Act.
3        (32) Meetings between the Regional Transportation
4    Authority Board and its Service Boards when the discussion
5    involves review by the Regional Transportation Authority
6    Board of employment contracts under Section 28d of the
7    Metropolitan Transit Authority Act and Sections 3A.18 and
8    3B.26 of the Regional Transportation Authority Act.
9        (33) Those meetings or portions of meetings of the
10    advisory committee and peer review subcommittee created
11    under Section 320 of the Illinois Controlled Substances
12    Act during which specific controlled substance prescriber,
13    dispenser, or patient information is discussed.
14        (34) Meetings of the Tax Increment Financing Reform
15    Task Force under Section 2505-800 of the Department of
16    Revenue Law of the Civil Administrative Code of Illinois.
17        (35) Meetings of the group established to discuss
18    Medicaid capitation rates under Section 5-30.8 of the
19    Illinois Public Aid Code.
20        (36) Those deliberations or portions of deliberations
21    for decisions of the Illinois Gaming Board in which there
22    is discussed any of the following: (i) personal,
23    commercial, financial, or other information obtained from
24    any source that is privileged, proprietary, confidential,
25    or a trade secret; or (ii) information specifically
26    exempted from the disclosure by federal or State law.

 

 

HB3161 Engrossed- 41 -LRB102 16114 LNS 21489 b

1        (37) Meetings of the regional review teams under
2    Section 75 of the Domestic Violence Fatality Review Act.
3    (d) Definitions. For purposes of this Section:
4    "Employee" means a person employed by a public body whose
5relationship with the public body constitutes an
6employer-employee relationship under the usual common law
7rules, and who is not an independent contractor.
8    "Public office" means a position created by or under the
9Constitution or laws of this State, the occupant of which is
10charged with the exercise of some portion of the sovereign
11power of this State. The term "public office" shall include
12members of the public body, but it shall not include
13organizational positions filled by members thereof, whether
14established by law or by a public body itself, that exist to
15assist the body in the conduct of its business.
16    "Quasi-adjudicative body" means an administrative body
17charged by law or ordinance with the responsibility to conduct
18hearings, receive evidence or testimony and make
19determinations based thereon, but does not include local
20electoral boards when such bodies are considering petition
21challenges.
22    (e) Final action. No final action may be taken at a closed
23meeting. Final action shall be preceded by a public recital of
24the nature of the matter being considered and other
25information that will inform the public of the business being
26conducted.

 

 

HB3161 Engrossed- 42 -LRB102 16114 LNS 21489 b

1(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
2100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
38-23-19; revised 9-27-19.)
 
4    Section 905. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating
24    to known or suspected cases of sexually transmissible

 

 

HB3161 Engrossed- 43 -LRB102 16114 LNS 21489 b

1    disease or any information the disclosure of which is
2    restricted under the Illinois Sexually Transmissible
3    Disease Control Act.
4        (e) Information the disclosure of which is exempted
5    under Section 30 of the Radon Industry Licensing Act.
6        (f) Firm performance evaluations under Section 55 of
7    the Architectural, Engineering, and Land Surveying
8    Qualifications Based Selection Act.
9        (g) Information the disclosure of which is restricted
10    and exempted under Section 50 of the Illinois Prepaid
11    Tuition Act.
12        (h) Information the disclosure of which is exempted
13    under the State Officials and Employees Ethics Act, and
14    records of any lawfully created State or local inspector
15    general's office that would be exempt if created or
16    obtained by an Executive Inspector General's office under
17    that Act.
18        (i) Information contained in a local emergency energy
19    plan submitted to a municipality in accordance with a
20    local emergency energy plan ordinance that is adopted
21    under Section 11-21.5-5 of the Illinois Municipal Code.
22        (j) Information and data concerning the distribution
23    of surcharge moneys collected and remitted by carriers
24    under the Emergency Telephone System Act.
25        (k) Law enforcement officer identification information
26    or driver identification information compiled by a law

 

 

HB3161 Engrossed- 44 -LRB102 16114 LNS 21489 b

1    enforcement agency or the Department of Transportation
2    under Section 11-212 of the Illinois Vehicle Code.
3        (l) Records and information provided to a residential
4    health care facility resident sexual assault and death
5    review team or the Executive Council under the Abuse
6    Prevention Review Team Act.
7        (m) Information provided to the predatory lending
8    database created pursuant to Article 3 of the Residential
9    Real Property Disclosure Act, except to the extent
10    authorized under that Article.
11        (n) Defense budgets and petitions for certification of
12    compensation and expenses for court appointed trial
13    counsel as provided under Sections 10 and 15 of the
14    Capital Crimes Litigation Act. This subsection (n) shall
15    apply until the conclusion of the trial of the case, even
16    if the prosecution chooses not to pursue the death penalty
17    prior to trial or sentencing.
18        (o) Information that is prohibited from being
19    disclosed under Section 4 of the Illinois Health and
20    Hazardous Substances Registry Act.
21        (p) Security portions of system safety program plans,
22    investigation reports, surveys, schedules, lists, data, or
23    information compiled, collected, or prepared by or for the
24    Regional Transportation Authority under Section 2.11 of
25    the Regional Transportation Authority Act or the St. Clair
26    County Transit District under the Bi-State Transit Safety

 

 

HB3161 Engrossed- 45 -LRB102 16114 LNS 21489 b

1    Act.
2        (q) Information prohibited from being disclosed by the
3    Personnel Record Review Act.
4        (r) Information prohibited from being disclosed by the
5    Illinois School Student Records Act.
6        (s) Information the disclosure of which is restricted
7    under Section 5-108 of the Public Utilities Act.
8        (t) All identified or deidentified health information
9    in the form of health data or medical records contained
10    in, stored in, submitted to, transferred by, or released
11    from the Illinois Health Information Exchange, and
12    identified or deidentified health information in the form
13    of health data and medical records of the Illinois Health
14    Information Exchange in the possession of the Illinois
15    Health Information Exchange Office due to its
16    administration of the Illinois Health Information
17    Exchange. The terms "identified" and "deidentified" shall
18    be given the same meaning as in the Health Insurance
19    Portability and Accountability Act of 1996, Public Law
20    104-191, or any subsequent amendments thereto, and any
21    regulations promulgated thereunder.
22        (u) Records and information provided to an independent
23    team of experts under the Developmental Disability and
24    Mental Health Safety Act (also known as Brian's Law).
25        (v) Names and information of people who have applied
26    for or received Firearm Owner's Identification Cards under

 

 

HB3161 Engrossed- 46 -LRB102 16114 LNS 21489 b

1    the Firearm Owners Identification Card Act or applied for
2    or received a concealed carry license under the Firearm
3    Concealed Carry Act, unless otherwise authorized by the
4    Firearm Concealed Carry Act; and databases under the
5    Firearm Concealed Carry Act, records of the Concealed
6    Carry Licensing Review Board under the Firearm Concealed
7    Carry Act, and law enforcement agency objections under the
8    Firearm Concealed Carry Act.
9        (w) Personally identifiable information which is
10    exempted from disclosure under subsection (g) of Section
11    19.1 of the Toll Highway Act.
12        (x) Information which is exempted from disclosure
13    under Section 5-1014.3 of the Counties Code or Section
14    8-11-21 of the Illinois Municipal Code.
15        (y) Confidential information under the Adult
16    Protective Services Act and its predecessor enabling
17    statute, the Elder Abuse and Neglect Act, including
18    information about the identity and administrative finding
19    against any caregiver of a verified and substantiated
20    decision of abuse, neglect, or financial exploitation of
21    an eligible adult maintained in the Registry established
22    under Section 7.5 of the Adult Protective Services Act.
23        (z) Records and information provided to a fatality
24    review team or the Illinois Fatality Review Team Advisory
25    Council under Section 15 of the Adult Protective Services
26    Act.

 

 

HB3161 Engrossed- 47 -LRB102 16114 LNS 21489 b

1        (aa) Information which is exempted from disclosure
2    under Section 2.37 of the Wildlife Code.
3        (bb) Information which is or was prohibited from
4    disclosure by the Juvenile Court Act of 1987.
5        (cc) Recordings made under the Law Enforcement
6    Officer-Worn Body Camera Act, except to the extent
7    authorized under that Act.
8        (dd) Information that is prohibited from being
9    disclosed under Section 45 of the Condominium and Common
10    Interest Community Ombudsperson Act.
11        (ee) Information that is exempted from disclosure
12    under Section 30.1 of the Pharmacy Practice Act.
13        (ff) Information that is exempted from disclosure
14    under the Revised Uniform Unclaimed Property Act.
15        (gg) Information that is prohibited from being
16    disclosed under Section 7-603.5 of the Illinois Vehicle
17    Code.
18        (hh) Records that are exempt from disclosure under
19    Section 1A-16.7 of the Election Code.
20        (ii) Information which is exempted from disclosure
21    under Section 2505-800 of the Department of Revenue Law of
22    the Civil Administrative Code of Illinois.
23        (jj) Information and reports that are required to be
24    submitted to the Department of Labor by registering day
25    and temporary labor service agencies but are exempt from
26    disclosure under subsection (a-1) of Section 45 of the Day

 

 

HB3161 Engrossed- 48 -LRB102 16114 LNS 21489 b

1    and Temporary Labor Services Act.
2        (kk) Information prohibited from disclosure under the
3    Seizure and Forfeiture Reporting Act.
4        (ll) Information the disclosure of which is restricted
5    and exempted under Section 5-30.8 of the Illinois Public
6    Aid Code.
7        (mm) Records that are exempt from disclosure under
8    Section 4.2 of the Crime Victims Compensation Act.
9        (nn) Information that is exempt from disclosure under
10    Section 70 of the Higher Education Student Assistance Act.
11        (oo) Communications, notes, records, and reports
12    arising out of a peer support counseling session
13    prohibited from disclosure under the First Responders
14    Suicide Prevention Act.
15        (pp) Names and all identifying information relating to
16    an employee of an emergency services provider or law
17    enforcement agency under the First Responders Suicide
18    Prevention Act.
19        (qq) Information and records held by the Department of
20    Public Health and its authorized representatives collected
21    under the Reproductive Health Act.
22        (rr) Information that is exempt from disclosure under
23    the Cannabis Regulation and Tax Act.
24        (ss) Data reported by an employer to the Department of
25    Human Rights pursuant to Section 2-108 of the Illinois
26    Human Rights Act.

 

 

HB3161 Engrossed- 49 -LRB102 16114 LNS 21489 b

1        (tt) Recordings made under the Children's Advocacy
2    Center Act, except to the extent authorized under that
3    Act.
4        (uu) Information that is exempt from disclosure under
5    Section 50 of the Sexual Assault Evidence Submission Act.
6        (vv) Information that is exempt from disclosure under
7    subsections (f) and (j) of Section 5-36 of the Illinois
8    Public Aid Code.
9        (ww) Information that is exempt from disclosure under
10    Section 16.8 of the State Treasurer Act.
11        (xx) Information that is exempt from disclosure or
12    information that shall not be made public under the
13    Illinois Insurance Code.
14        (yy) Information prohibited from being disclosed under
15    the Illinois Educational Labor Relations Act.
16        (zz) Information prohibited from being disclosed under
17    the Illinois Public Labor Relations Act.
18        (aaa) Information prohibited from being disclosed
19    under Section 1-167 of the Illinois Pension Code.
20        (bbb) Information prohibited from being disclosed
21    under subsection (d) of Section 35 of the Domestic
22    Violence Fatality Review Act.
23(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
24100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
258-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
26eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

 

 

HB3161 Engrossed- 50 -LRB102 16114 LNS 21489 b

1100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
26-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
3eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
4101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
51-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
6eff. 7-7-20.)
 
7    Section 999. Effective date. This Act takes effect upon
8becoming law.